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Amendment seeks to give more protection to New Mexico agriculture industry

By Zack Ponce

zponce@currentargus.com @zackponce12 on Twitter

Posted:
03/02/2014 09:19:28 AM MST

CARLSBAD >> Thanks to a new amendment to the state constitution, officials hope dairies and other agricultural interests throughout New Mexico can focus more on business and less on litigation.

Farmers and ranchers can no longer be sued for nuisance charges for "improperly" running and maintaining their agricultural operations and land after legislators unanimously passed an amendment to the Right to Farm Act, House Bill 51, during the law making session that ended last week.

Under the amended law, farmers can still be sued for either illegally operating or negligently operating their businesses.

"This is a very important first step for us," said Walter Bradley, a spokesman for the Dairy Farmers of America and former New Mexico Lt. Governor. "We want to be able to operate our agricultural operations legally, which we do, and without the threat of frivolous lawsuits."

The DFA has led a crusade against "temporary nuisance" lawsuits that are being filed against New Mexican farmers by outside trial lawyers and activist organizations. Since September of 2011, 11 dairies throughout the state have had to fight against litigation filed by out-of-state law firms in Georgia and Missouri.

The New Mexico Department of Agriculture weighed in on the debate, agreeing that the amended Right to Farm Act improved the original intent of the law.

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"(The amended act) will remove an ambiguous term A broad interpretation of 'improperly' could serve as a basis for more lawsuits against agricultural operations and facilities currently located around urban areas," wrote the NMDA in a fiscal impact report to the state legislature before the passage of the amendment.

New Mexico's dairy industry alone accounted for $2.6 billion of the state's economy in 2012.

The amendment was universally hailed as the right action to take by politicians of all backgrounds at the Roundhouse. The House passed the amendment 67-0 and the Senate later did the same with a 41-0 vote in favor of the change.

Bradley said the DFA will continue to fight for increased protection for New Mexico's dairy industry, and that talks among state legislators have already begun to introduce more agricultural protection legislation in the 2015 session.